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(영문) 창원지방법원 진주지원 2021.01.13 2020가단33878

손해배상(기)

Text

Defendant B pays KRW 95,00,000 to the Plaintiff. The remainder of the Plaintiff’s claim against Defendant B and Defendant C.

Reasons

1. Facts of recognition;

A. On March 12, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to Defendant B’s building E (hereinafter “instant real estate”) on the terms of the contract between March 12, 2018 and March 11, 2020, setting the lease deposit amount of KRW 95 million, and KRW 50,000 per month for rent, with respect to the period of the lease agreement between March 12, 2018 and March 11, 2020.

B. At the time of the conclusion of the instant lease agreement, Defendant C participated in the lessor’s assertion that the lessor was the actual owner of the instant real estate. Under the instant lease agreement, the lessor is indicated as Defendant B as the owner on the registry of the instant real estate.

(c)

Upon Defendant C’s request, the Plaintiff paid KRW 45 million out of the deposit amount of KRW 95 million to Defendant C, and paid KRW 50,55 million to Defendant C’s wife F.

(d)

On December 31, 2019, February 10, 2020, the Plaintiff notified Defendant C of the absence of intent to renew the instant lease agreement, and notified Defendant B of the termination of the instant lease agreement on March 3, 2020.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The owner of the instant real estate, which is the primary cause of the instant claim, was aware that Defendant C and the Plaintiff, claiming that Defendant C actually owned and managed the instant real estate as the actual owner of the instant real estate, and was aware that Defendant C and Defendant B engaged in the instant real estate rental business, and concluded the instant lease agreement. The Defendants are joint lessors under the instant lease agreement.

Since the instant lease agreement was terminated by the Plaintiff’s rejection notice or terminated by the termination notice, the Defendants are jointly obligated to pay to the Plaintiff the deposit amount of KRW 95 million and the delayed damages therefrom.

B. The Defendants, a joint lessor, who is the primary cause of the instant claim, exist in a multi-family house including the instant real estate at the time of conclusion of the instant lease agreement.